State Ex Rel. Jacoby v. Missouri Valley Drainage District

(dissenting). — I respectfully dissent from the holding in tl^e principal opinion that the relator is not entitled to a writ of mandamus against the respondent board of supervisors, to enforce the levy of benefit taxes under Sec. 12340 1 in a sum sufficient to pay relatrix’ judgment against the respondent drainage district, .recovered in the first “Jacoby case” 2 mentioned in the principal opinion. It was held in that case that the judgment is payable out of such benefit taxes, the preliminary flat tax of 50e per acre under Sec. 12333 having been exhausted and the district being without…